Legal Question in Wills and Trusts in New York

Re: Ira account beneficiary

You are to be congratulated on your behavior. Not everyone can remember the caring and love they started out with after a divorce. You sound like two mature and decent people.

Regarding your question, the best way to proceed is to have him write down that he wants you to have the IRA even after the divorce. While it is 99% likely that you will retain the bequest without such a letter, I am a lawyer and we want to push you to 100%.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: Ira account beneficiary

You would be the beneficiary of the IRA balance. He has clearly identified you as the beneficiary and you were his wife when he made the designation.

Re: Ira account beneficiary

You should be the beneficiary based upon the original designation. However, based upon the divorce, and the rights to change beneficiaries, someone could make a claim that the designation was terminated by the divorce (presumptively the designation "wife" meant you only are the beneficiary if you were married). Did you have any property settlement agreement or an Order of the Court granting the divorce covering this issue as part of the divorce? This could cover this possibility if there were something in the judgment of divorce about it. If not, I suggest that he write a letter to the holder of the account, reconfirming that you are still to be the beneficiary. He does not have to say anything asbout the divorce in the letter, just merely something like This letter will confirm that (your name, with no designation as wife) is to be the beneficiary of this account in the event of my death). I suggest that his signature also be notarized. I also suggest that he give you something in writing (could be a personal letter, also suggesting his signature be notarized) stating that he is confirming that, in view of the divorce, he still wants you to be the beneficiary of the account. Better to cover this than face a problem in the future.